A defendant shall be punished by imprisonment for a period of five months.

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The fact that the Defendant recognized the instant crime is favorable to the Defendant.

However, the defendant, who is his spouse, sent a hysical text message several times and damaged the victim's automobile and the front door door message to the victim who did not take the defendant into consideration due to the complaint about the defendant's repetitive medication and the conflict arising therefrom. In light of the motive, circumstance, contents, etc. of the crime, it is not very good that the crime is committed.

The Defendant committed the instant crime during the period of repeated crime due to the violation of the Act on the Control of Narcotics, etc. (fence).

The defendant's annual objection seems to have been affected by the crime, and the defendant did not receive a letter from the victim.

In addition, in full view of the factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and result of the crime, the sentencing of the lower court against the Defendant is deemed unfair.

The prosecutor's argument of unfair sentencing is justified and the defendant's argument of unfair sentencing is without merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is

(3) Article 369 of the Criminal Procedure Act provides that “The appeal of the defendant is groundless, but the appeal by the public prosecutor is reversed, the appeal by the defendant shall not be dismissed separately from the disposition of the court below).” The criminal facts and summary of the evidence are identical to the facts constituting the crime and the crime recognized by the court in this case, and the summary of the evidence is identical to the facts in the corresponding column of the judgment below

Application of Statutes

1. Criminal facts;